Quick Hit: Maryland employers with 50 or more employees must submit information regarding sexual harassment settlements on or before July 1, 2020. This information must be submitted using a portal on the Maryland Commission...more
During the early days of the coronavirus pandemic, the Maryland legislature passed over 600 pieces of legislation, many of which relate to employment issues. Several of these bills, including ones that prohibit use of facial...more
5/27/2020
/ Employee Privacy Rights ,
Employer Liability Issues ,
Facial Recognition Technology ,
Gender-Based Pay Discrimination ,
Governor Hogan ,
Grooming Policies ,
Hairstyle Discrimination ,
Hiring & Firing ,
Interviews ,
Job Applicants ,
Mini-Warn Acts ,
Notice Requirements ,
Prior Express Consent ,
Salary/Wage History ,
State Bans ,
State Labor Laws ,
State Legislatures ,
Voluntary Reduction in Force
On May 6, 2020, OFCCP announced that its Ombuds Service is now available to the contractor community. The agency initially announced its plan to create an Ombuds Service in the fall of 2018 as part of its overall initiative...more
In the wake of Virginia voting in Democratic majorities in both houses of the state legislature last year, the Virginia legislature has passed, and Virginia Governor Ralph Northam has signed into law, a slew of new measures...more
4/27/2020
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Department of Taxation ,
Employee Rights ,
Employer Liability Issues ,
Governor Northam ,
Human Rights Act ,
Low-Income Issues ,
Minimum Wage ,
Misclassification ,
Non-Compete Agreements ,
Private Right of Action ,
Reasonable Accommodation ,
Remedies ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
On April 10, 2020, the Department of Labor (“DOL”) released corrections to the regulations implementing the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”)...more
As faithful readers of this blog know, OFCCP proposed significant changes to its audit scheduling letters in April 2019, and then scaled back those changes in June 2019 revisions. Now, close to a year after OFCCP commenced...more
As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the...more
In this episode of The Proskauer Brief, partners Harris Mufson, Seth Safra, Mike Lebowich and Guy Brenner discuss recent developments associated with the coronavirus (COVID-19) pandemic. Tune in as we address the latest...more
3/24/2020
/ COBRA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Furloughs ,
Layoffs ,
NLRA ,
Paid Family Leave Law ,
Paid Leave ,
Proposed Legislation ,
Quarantine ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
State of Emergency ,
Tax Credits
On March 14, 2020, the U.S. House of Representatives overwhelmingly passed H.R. 6201, also known as the Family First Coronavirus Response Act (the “Family First Act”), in an effort to provide emergency relief and support...more
3/17/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Paid Sick Leave Act ,
Proposed Legislation ,
State of Emergency ,
Tax Credits
Declaration of Coronavirus Pandemic by the World Health Organization -
On March 11, 2020, the World Health Organization (WHO) declared a global pandemic regarding the 2019 Novel Coronavirus (also referred to as COVID-19, but...more
As employers are likely aware, cases of the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”) continue to spread. While the U.S. Centers for Disease Control and...more
2/26/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Infectious Diseases ,
Medical Leave ,
OSHA ,
Public Health ,
Reasonable Accommodation ,
Risk Management ,
Traveling Employee ,
US State Departments ,
Workplace Safety ,
World Health Organization
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the coronavirus and what employers should be thinking about regarding that virus in the workplace. While the Occupational Safety and...more
Quick Hit: On January 30, 2020, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of an “Act Concerning Record Screening Practices (Ban the Box)” (“the Act”). The Act prohibits employers from...more
As we previously reported, on July 1, 2020, employees in D.C. will be eligible to receive benefits under the D.C. Paid Family Leave law, which provides employees with up to eight weeks of paid leave to care for a new child,...more
Quick Hit: Effective October 1, 2019, Maryland law prohibits the use of non-competition agreements for employees with wages equal to or less than $15 per hour or $31,200 annually....more
12/2/2019
/ Employer Liability Issues ,
Employment Contract ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
State Attorneys General ,
State Labor Laws ,
Unenforceable Contract Terms ,
Void and Unenforceable
On November 22, 2019, OFCCP announced it will not “request, accept, or use” EEO-1 Component 2 pay and hours worked data from government contractors in connection with audits (or otherwise).
OFCCP explained that it will not...more
Any illusions that OFCCP would disappear during the Trump Administration should have already been put to rest with the nearly non-stop activity of the agency since 2017. But to the extent there was any remaining doubt, a...more
On October 3, 2019 OFCCP submitted a request to the Office of Management and Budget for approval of proposed changes to its Voluntary Self-Identification of Disability Form. OFCCP explained that it had proposed the changes...more
The Equal Employment Opportunity Commission (EEOC) has released additional guidance regarding the new EEO-1 Component 2 data reporting requirements for employers who were involved in mergers, acquisitions and spinoffs in 2017...more
8/7/2019
/ Complex Corporate Transactions ,
Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Professional Employer Organization ,
Reporting Requirements ,
Wage and Hour
As employers are well aware, the pay and hours worked data component of the EEO-1 (known as “Component 2”) is, due to a court ruling, now in effect, and employers have until September 30 to submit 2017 and 2018 Component 2...more
In an effort to assist employers, the EEOC has posted guidance and sample forms for the new EEO-1 Component 2 Compensation Data reporting requirements on its website. The new materials provide useful information for employers...more
7/3/2019
/ Data Sets ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
NAICS ,
New Guidance ,
Pay Data ,
Payroll Records ,
Reporting Requirements
As we previously reported, the Universal Paid Leave Amendment Act of 2016 will provide Washington, DC employees with paid leave for several reasons, including...more
Employers would be forgiven for feeling figurative whiplash from all of the developments surrounding the EEO-1 in recent weeks. After understanding they would not have to submit pay data with their EEO-1 submissions (referred...more
5/6/2019
/ Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
OMB ,
Order to Lift Stay ,
Pay Data ,
Pay Gap ,
Reporting Requirements ,
Stays ,
Wage and Hour
On April 29, 2019, the EEOC issued the following statement regarding the recent EEO-1 developments:
Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection -
EEO-1 filers should begin preparing to submit...more
5/1/2019
/ Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
OMB ,
Order to Lift Stay ,
Pay Data ,
Pay Gap ,
Reporting Requirements ,
Stays ,
Wage and Hour
According to published reports, US District Judge Tanya Chutkan issued a ruling from the bench today ordering employers to submit the pay data component of the EEO-1 form (“Component 2”) by September 30, 2019. In March, Judge...more
4/25/2019
/ Compliance ,
Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Federal Contractors ,
OMB ,
Order to Lift Stay ,
Pay Data ,
Reporting Requirements ,
Trial Court Orders ,
Wage and Hour